Monthly Archives: May 2009

A Virginia lawyer who waited for his full $25,000 retainer before filing pleadings for Arizona defendants in a trust case, but who filed the answer, grounds of defense, counterclaim and a third-party claim together with an insufficient filing fee for ...

A home builder under contract with a developer to purchase lots in multiple subdivisions after the developer did site work, but who got cold feet after a market downturn, cannot assert the developer’s delay in getting certain wetlands and storm ...

A plaintiff who alleges injury from an injection of phenegran by a licensed practical nurse must amend his claim if he wants to assert a claim of negligence per se against the pediatric group to state that the statute at ...

There was sufficient evidence to convict defendant of carnal knowledge of a minor under Va. Code §18.2-63, the Court of Appeals says, based on the 14-year-old victim’s testimony that she had “sex” with defendant during the time period alleged in ...

There was sufficient evidence that defendant was represented by counsel at her prior DUI prosecution based on record evidence of an order appointing counsel and counsel’s submission of a request for compensation, and the Court of Appeals upholds defendant’s conviction ...

Although the 10-year-old girl’s testimony at trial differed slightly from what she told investigators about her uncle, who was babysitting her and a cousin, climbing on top of her in bed and having sexual intercourse with her, the discrepancies concerned ...

At a woman’s prosecution for credit card theft and fraud for opening a charge account in her husband’s name, without his permission, defendant may not pursue her claim that the trial court erred in refusing to allow cross-examination of husband ...

Although father maintains he preserved his argument below in a motion to strike, the record on appeal does not contain a transcript or written statement of facts, which is indispensable to determination of the question whether there was sufficient evidence ...

Although a parcel of real estate in Onancock and an investment account were jointly titled, and wife’s testimony showed that she had access and use of these assets, her testimony did not provide clear and convincing evidence that the real ...

Police employed as private security officers at an apartment complex did not illegally seize defendant when they escorted him to the complex office to complete paperwork barring him from the premises, and while running a warrant check, discovered that his ...